Bharti Axa General Insurance Co. Ltd Thr Its Manager, Nagpur v. Shirin Begum Sayyed Firdos And ORS

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE S. M. GAVHANE, HELD ON 14.12.2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1101 FIRST APPEAL NO.248 OF 2018 BHARTI AXA GENERAL INSURANCE CO. LTD THR ITS MANAGER,NAGPUR

VERSUS

SHIRIN BEGUM SAYYED FIRDOS AND ORS ...

Mr. R. H. Dahat, Advocate for the appellant

O R D E R

(14th December, 2019) 1.

The appellant-Insurance Company has filed this appeal aggrieved by the award passed by the MACT, Bhokar. Learned counsel for the appellant-Insurance Company has produced on record authority letter dated 11/12/2019 of the appellant-Insurance Company authorizing him to complete all the formalities of compromise in this matter. Said letter is marked "X" for identification and same is taken on record. 2.

Respondents No. 1 to 3 original claimants who are respectively widow, father and mother of the deceased are present and they have been duly identified by the counsel representing them.

3.

It appears that the appellant-Insurance Company has

-2deposited total amount of Rs. 62,02,145/- in this Court towards the compliance of order. Out of said amount respondents No. 1 to 3 have withdrawn Rs. 20,00,000/- as per order dated 20/12/2017.

4.

Now the appellant and respondents No. 1 to 3 have agreed to settle the matter as per compromise deed which is marked "Y" for identification. As per this compromise respondents have agreed to accept an amount of Rs. 32,02,145/- with interest out of amount pending in this Court and they have further accepted that respondent No. 1 widow will get Rs. 16,01,072/- with interest and respondents Nos. 2 and 3 will get remaining 50% amount of Rs. 16,01,072/- with interest by this compromise. Respondents have agreed that Insurance Company will be entitled to withdraw an amount of Rs. 10,00,000/- with accrued interest on the said amount out of amount deposited in this Court.

5.

It is stated in the compromise deed that the appellant Insurance Company is withdrawing appeal against respondent No. 4.

6.

Award be prepared accordingly in terms of compromise "Y".

-37.

Court fee, if any, be refunded to the appellant. 8.

Pending civil application, if any, stands disposed of, in view of the fact that appellant and respondentsclaimants have settled the matter as above. [Smt.S.G. Chincholkar] Advocate Member [V. B. Mantri] DJ (Retd.) Member [S. M. Gavhane, J.] Head of Panel ssp/